Bombay High Court
RAJ @ BARKYA PRAMOD SATHEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant subject to stringent conditions.
Summary
The applicant, Raj @ Barkya Pramod Sathe, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences including dacoity (IPC s.399), criminal breach of trust (IPC s.406), several provisions of the Arms Act and the Maharashtra Police Act. He had been in custody for nearly three years pending trial for a case registered on 26‑12‑2023, where he and four others were alleged to have planned a dacoity, with one co‑accused still absconding. The court considered the length of pre‑trial detention, the applicant’s status as a young offender, and the absence of any finding on the merits of the case. It held that bail could be granted despite the serious nature of the charges, provided strict conditions were imposed to prevent tampering with evidence or witnesses. The bail was ordered on a personal bond of Rs.25,000 with sureties and numerous reporting and conduct conditions. The order expressly limited its observations to bail and noted that the trial would proceed on the evidence alone.
Issues considered
- Whether bail may be granted under Section 483 of the BNSS, 2023, for offences punishable under IPC sections 399 and 406, the Arms Act and the Maharashtra Police Act despite the seriousness of the alleged dacoity.
- Whether the applicant’s prolonged pre‑trial detention of almost three years justifies bail on humanitarian and legal grounds.
- Whether the applicant poses a risk of influencing witnesses, tampering with evidence, or fleeing the jurisdiction.
Legislation cited
- Arms Act — s. 27, 3(25), 35, 4(27)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 399, 406
- Maharashtra Police Act — s. 135, 37
Subjects
- bail
- pre‑trial detention
- dacoity
- criminal breach of trust
- Arms Act
- Maharashtra Police Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- conditions of bail
Judgment
73.BA.1921.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1921 OF 2026
Raj @ Barkya Pramod Sathe .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Ibrahim A. Shaikh, Advocate for Applicant.
Ms. Anuja S. Gotad, APP for Respondent – State.
API – Mr. Sharad Waghale, Talegaon Dabhade Police Station
present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 22, 2026.
P.C.:
1. Heard Mr. Shaikh, learned Advocate for Applicant and Ms.
Gotad, learned APP for Respondent – State.
2. This is an Application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in
connection with C.R.No.646 of 2023 registered with Talegaon
Dabhade Police Station, District Pune for offences punishable under
Sections 399 and 406 of the Indian Penal Code, 1860 (for short ‘IPC’);
Sections 3(25), 4(27), 27 and 35 of the Arms Act and Section 37 and
135 of the Maharashtra Police Act.
3. Applicant is incarcerated for the past almost three years
pending trial. The indictment and arrest of Applicant is on the ground
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that he as well as other 4 persons were planning to commit dacoity.
They were apprehended from an open space behind Gorawadi Railway
Station in Talegaon Dabhade area at 02:35 p.m. in the afternoon on
the 26.12.2023 and taken into custody. Two juveniles and three adults
are involved as accused in the present crime, out of whom one adult
accused is absconding.
4. Applicant is a young offender. Applicant has persuaded the
Court to consider releasing him on bail since the complicity of
Applicant to commit the crime would be otherwise a matter of trial.
Considering the long incarceration of Applicant for almost three years
and the ignominy of the trial not commencing or for that matter not
being concluded in the near foreseeable future persuades me to
consider the Application for grant of bail. The applicant is granted bail.
5. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Raj @ Barkya Pramod Sathe is directed to
be immediately released from prison in connection with
CR. No.646 of 2023;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like
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amount;
(iii) Applicant shall report to the Investigating Officer at
Talegaon Dabhade Police Station, once every month, on
the first Sunday of the month between 10:00 a.m. to
12:00 p.m. until commencement of trial and thereafter
shall attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
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(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
6. It is clarified that the observations made in this order are
limited for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
7. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.09.22
20:24:58 +0530
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